The Patna High Court granted bail to four petitioners charged with murder under IPC 302 and 34. The court distinguished the accused by death-causing specific allegations and noted lack of overt acts for some, fixing bail bonds with sureties.
Enlargement on bail on furnishing Rs. 10,000/- each with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8343 of 2015
Arising Out of PS.Case No. -191 Year- 2014 Thana -MANSI District- KHAGARIA ====================================================== 1. Bablu Singh Son of Medi Singh, Resident of Village - Bangalia, P.S. - Mansi, District - Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9397 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -MANSI District- KHAGARIA ====================================================== 1. Subhash Singh Son of Kamleshwari Singh 2. Ram Singh Son of Jito Singh 3. Nand Kishore Singh @ Anand Kishore Singh Son of Nakchhedi Singh All Resident of village - Ban Galia, P.S. Mansi, District - Khagaria .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.8343 of 2015) For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP For the Informant : Mr. Ram Sumiran Rai (In Cr.Misc. No.9397 of 2015) For the Petitioner/s : Mr. Dr. Amrendra Kumar For the Opposite Party/s : Mr. Dilip Kumar(App) For the Informant :- Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 10-04-2015 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.8343 of 2015 (2) dt.10-04-2015
2
The petitioners are in custody in connection with Mansi P.S. Case No. 191/14 registered for the offence under section 302/34 of the Indian Penal Code.
From the first information report it appears that allegedly 12 accused persons including the petitioners surrounded the house of the informant and opened fire. One of such shots hit the wife of the informant who died on the spot. There is specific allegation against one Santosh Singh, whose bullet hit the wife of the informant leading to her death.
Learned counsel for petitioner Bablu Singh has submitted that even as per the prosecution case, he is not the main assailant and allegedly Santosh Singh hit the informant’s wife leading to her death. He has further submitted that land dispute between the parties is an admitted fact. Learned counsel has further submitted that petitioner Bablu Singh will cooperate in course of trial.
As regards the petitioners of Criminal Misc. No. 9397 of 2015 it has been submitted by the learned counsel that there is absolutely no allegation against these petitioners except that they were members of the mob.
Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail. He has
Patna High Court Cr.Misc. No.8343 of 2015 (2) dt.10-04-2015
3
contended that there is allegation against Bablu Singh of having opened fire, though his firing did not hit the informant side.
Be that as it may, in the facts and circumstances of the case, taking into account the submission that even as per the prosecution story, petitioner of Criminal Misc. No. 8343 of 2015 cannot be said to be the main assailant and there is no allegation of any overt act against the petitioners of Criminal Misc. No. 9397 of 2015, let all the four petitioners above named be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 191/14, G.R. No. 2133 of 2014.
(Chakradhari Sharan Singh, J)
Amin/-
U
1 issue framed by the court
Whether the petitioners in custody under IPC 302 are entitled to bail in cases involving murder allegations.
1 provisions across 1 enactments
Bablu Singh
Subhash Singh
Ram Singh
Nand Kishore Singh
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
